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Monday, December 23, 2013

Gerstein v. Pugh case brief

Gerstein v. Pugh case brief summary
420 U.S. 103 (1975)

CASE SYNOPSIS

Petitioner state attorney sought review
of a judgment of the United States Court of Appeals for the Fifth
Circuit, affirming a ruling that held that the practice of arresting
and holding a person for trial on an information without a judicial
determination of probable cause for detention was unconstitutional.

CASE FACTSRespondents were arrested in Florida
and charged with offenses under a prosecutor's information. One
respondent was denied bail and the other respondent was unable to
post bond. At the time of respondents' arrest, a person charged by
information could be detained for substantial period without
opportunity for judicial determination of probable cause. Respondents
filed a class action, in which petitioner was one of several
defendants, claiming a constitutional right to a judicial hearing on
probable cause.

DISCUSSION

The district court's ruling that the practice of
arresting and detaining a person for trial on an information, without
a judicial determination of probable cause, was unconstitutional, was
affirmed by the circuit court.

The district court ordered an
adversary determination of probable cause.

The court held that U.S.
Constitutional Amendment IV required a judicial determination of
probable cause as a prerequisite to extended restraint of liberty
following an arrest; however, the Constitution did not require an
adversary determination of probable cause.

The judgment was affirmed
in part and reversed in part.

CONCLUSIONThe judgment was affirmed in part and
reversed in part. The court agreed that U.S. Constitutional
Amendment IV required a timely judicial determination of
probable cause as a prerequisite to detention; however, the court did
not agree that U.S. Constitutional Amendment IV required
the determination of probable cause to be in the form of an adversary
hearing.

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